David Williams v. Lompoc Federal Corrections Complex et al

Filing 35

ORDER ACCEPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION by Judge Fred W. Slaughter for Report and Recommendation (Issued) 33 . IT IS ORDERED: The Report and Recommendation is accepted. Defendants' Motion to Dismiss is granted. Plaintiff's FAC is dismissed without leave to amend and without prejudice for lack of subject matter jurisdiction and because plaintiff's factual allegations fail to state a federal claim that has an arguable basis in fact or law. (et)

Case 2:22-cv-00236-FWS-PLA Document 35 Filed 11/15/22 Page 1 of 2 Page ID #:693

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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DAVID WILLIAMS,

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Plaintiff,

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v.
LOMPOC FEDERAL CORRECTIONS
COMPLEX, et al.,
Defendants.

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&DVH 1R FY):63/$
ORDER ACCEPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint (“FAC”),

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all the records and files herein, and the Magistrate Judge’s Report and Recommendation. The

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Court accepts the recommendations of the Magistrate Judge.

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ACCORDINGLY, IT IS ORDERED:

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1.

The Report and Recommendation is accepted.

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2.

Defendants’ Motion to Dismiss is granted.

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3.

Plaintiff’s FAC is dismissed without leave to amend and without prejudice for lack

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of subject matter jurisdiction and because plaintiff’s factual allegations fail to state

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a federal claim that has an arguable basis in fact or law.

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/

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/

Case 2:22-cv-00236-FWS-PLA Document 35 Filed 11/15/22 Page 2 of 2 Page ID #:694